Compromise sends texting ban for drivers to governor's desk

Mar. 14, 2014

Written by

Charlie Hoffman

Mike Vehle

Blake Curd

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PIERRE — Texting while driving is about to become illegal throughout South Dakota.

In an unexpected move only two days after talks collapsed, the Legislature resoundingly approved a compromise texting ban Thursday. It now heads to Gov. Dennis Daugaard, who supports the concept, for a signature or veto.

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Under the deal, texting while driving would carry a $100 penalty statewide. Police would not be able to pull drivers over simply for texting, but cities such as Sioux Falls with tougher bans will be allowed to keep them.

Police won’t be allowed to seize someone’s cellphone to prove they were texting without going through the typical search-and-seizure procedures.

“We finally did what we didn’t think would happen this year,” said Rep. Charlie Hoffman, R-Eureka, one of the lawmakers who negotiated the deal. “I’m just tickled pink.”

The compromise resembles an offer made earlier this session by Sen. Mike Vehle, R-Mitchell, who has led the charge for a statewide texting ban. A House panel killed Vehle’s proposal, but on Thursday it passed the House and Senate with support from more than two-thirds of the members.

“There was an enormous amount of pressure from home, and from people who talked in the last crackerbarrels, (saying) ‘Why aren’t you doing something about texting?’ ” Hoffman said. “People in this House and Senate didn’t want to go back on their campaign and have to be badgered with, ‘Why aren’t you doing your job?’ ”

Vehle said he would prefer a stronger ban that allows police to stop a car just because the driver is texting. But he’s willing to accept a weaker ban as long as it allows stronger ones put in place by local governments to stand. Police in Sioux Falls, Mitchell and other cities are allowed to pull over texting drivers and will retain that power under the compromise measure.

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“If I was a benevolent dictator, I’d have a different bill,” Vehle said. “But at this point I want something that is statewide, and they’ve done that. ... You’ve got to have something that’s possible.”

Throughout this session, Vehle has butted heads with House Speaker Brian Gosch, R-Rapid City, over the issue. Gosch opposes allowing police to pull over texting drivers, and wanted to override local bans that allow it.

Hours before a conference committee met to discuss the ban Thursday, Gosch agreed to let local bans stand, Hoffman said.

“I was very concerned that Speaker Gosch was not going to allow us to take out (the override of local bans), and that’s the big sticking point,” Hoffman said. “Once we got Speaker Gosch on board with us this morning, I knew this was going to take off.”

Gosch endorsed the compromise despite differences from his preferred measure.

“There will still be people who want it to be stricter, and there are some people who think it’s too strict,” Gosch said.

Hoffman said he and Rep. Steve Westra, R-Sioux Falls, lobbied Gosch to agree to a compromise.

Steve Allender, the Rapid City police chief who has aggressively pushed for a texting ban, said he’s disappointed the ban won’t allow law enforcement statewide to stop drivers for texting alone.

“This bill, while better than nothing, probably, does not provide the enforcement tool necessary to be a complete success,” he said.

Rep. Troy Heinert, D-Mission, said: “If it’s not perfect, we can come back and we can look at it again.”

Sen. Blake Curd, R-Sioux Falls, commended Vehle’s perseverance.

“He’s tried and failed many times to get a bill through both chambers,” Curd said, eliciting applause from the audience. “Without his perseverance and dedication to this issue. ... I don’t think we’d be able to sit here today.”